in california. there is a rebuttable presumption, one shoot, two, this case could go to the jury. [ male announcer ] break the grip of aches or arthritis pain with odor free aspercreme. powerful medicine relieves pain fast, with no odor. so all you notice is relief. aspercreme. rebuttable presumpti . >>> in california, a 90-year-old man retaliated after he was shot in the face after a burglary, now get this, they are suing him after he returned fire. richard herman and new york criminal defense attorney law professor joins us from las vegas, richard, i'll start with you on this. what do you say to this? it is unbelievable. >> it is unbelievable, for 200, $300, anybody can file a lawsuit. and we see it every year, unbelievable cases, ninety-year-old man has his house broken into, gets tied up. the burglar is stealing in front of him, he breaks free, there is a shootout. he ends up shooting him three times. the assailant here gets convicted. prison term and sues because he was shot. >> yeah. >> believe it or not, believe it or not, susan, there is a claim here. there is a claim because the